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(영문) 서울고등법원 2018.03.14 2017나2008072
부당이득금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 13, 2005, the Plaintiff deposited KRW 30 million in the E’s name L bank account (hereinafter “contribution account”) under the pretext of investment in development projects of Sungsi-si C and D (hereinafter “Ki land”) on October 13, 2005, and deposited KRW 50 million in the investment account under the name of M on October 13, 2005, and KRW 30 million in total in the name of M on November 15, 2015, and KRW 50 million in the name of M on the same day.

M is the spouse of the I.B.

From the investment account on October 13, 2005, KRW 80 million was withdrawn in cash, and KRW 350 million was withdrawn in cash on November 16, 2005.

C. E purchased C and D land from N on October 2005 (hereinafter “the first sale”). On November 16, 2005, E completed the registration of ownership transfer under the name of E on each of the above lands. Each of the above lands was loaned KRW 1.7 billion from the National Agricultural Cooperative Federation (hereinafter “CF”) on the same day with joint security, and the registration of creation of a mortgage over the maximum amount of KRW 2.4 billion was completed in the Agricultural Cooperative. On the same day, E’s loans were deposited in the NA account in KRW 1.7 billion.

E, Defendant (hereinafter referred to as “A”) and Plaintiff et al. for the purchase and development of land for joint investment agreement C and D land.

- Articles 3 (Scope and Period of Convention) provide that joint investment agreements shall be concluded with the following terms and conditions and shall be complied with in good faith in good faith.

1.The scope of this Arrangement 1) This Arrangement is limited to the shares of investment in connection with the purchase of the above goods. 2) Investment amounts, etc. may be adjusted by mutual agreement.

2.The term of this Agreement shall be from the date of conclusion to the end of the project concerned.

end of a project means the time of sale of purchased land or completion of a development project;

Article 4 (Timing of Payment of Equity Shares and Investment Amount)

1. The ratio of investment shares in this project to “B” is 14 per cent.

2. Time and origin of the investment amount;

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